EU Court Adviser: Austrian Brenner Truck Traffic Bans Breach EU Law
Overview of Austrian Brenner Motorway Traffic Restrictions and EU Legal Implications
July 16 (Reuters) - Measures imposed by Austria to limit heavy-duty traffic on the Brenner motorway, a key corridor through the Alps linking Germany and Italy, are contrary to EU law, the top adviser to the EU's Court of Justice said on Thursday.
Details of the Austrian Traffic Bans
• The court's advocate-general sided with Italy in its complaints against bans on heavy traffic on the A12 and A13 motorways during the night and in winter, and on the transport of goods that can also be carried on trains.
• On every Saturday from January to early March, Austria bans heavy vehicles with foreign destinations from the A12 and A13 from 7 a.m. to 3 p.m.
Discriminatory Nature and Lack of Justification
• The court adviser said this measure was discriminatory and lacked proper justification.
Night Driving Restrictions
• Austria also prevents heavy vehicles from being driven at night along an 84-kilometre (52-mile) stretch of the A12, in an effort to shift nitrogen oxide emissions from the night to the day when atmospheric conditions are better to disperse them.
Assessment of Consistency and Systematic Application
• The advocate-general said this measure was not imposed to achieve its goal in a consistent and systematic manner.
Restrictions on Goods Transportable by Train
• A ban preventing heavy vehicles from transporting goods that could also go on trains should have been re-examined when air quality was shown to have improved along the road, the adviser said.
Exceptions and Additional Measures
Approval of Traffic Dosing Scheme
• The advocate-general did agree to an Austrian scheme to dose traffic on busy days, limiting the number of heavy vehicles travelling south on the A12 motorway from Germany to a maximum of 300 vehicles per hour.
Non-Binding Nature of Advocate-General's Opinions
• The opinions of the advocate-general are non-binding, but are often followed by the court.
Public Response and Protests
• Thousands of local residents shut down the Brenner motorway in May in protest at trucks and tourists perennially clogging up their roads.
(Reporting by Bart Meijer. Editing by Mark Potter)
